What are the leading Canadian cases on aiding and abetting?
British Columbia, Canada
The following excerpt is from R. v. Simpson, 1983 CanLII 238 (BC CA):
The leading Canadian case on aiding and abetting is Preston v. The King (1949), 1949 CanLII 64 (SCC), 93 C.C.C. 81, [1949] S.C.R. 156, 7 C.R. 72. At p. 84 C.C.C., p. 75 C.R., Estey J., in giving the judgment of Rinfret C.J.C. and Kerwin J., said: In order to find the appellant guilty of aiding, abetting, counselling or procuring, it is only necessary to show that he understood what was taking place and by some act on his part encouraged or assisted in the attainment thereof… (Of course, in referring to counselling and procuring he was referring to s. 69(1) which, as I have already mentioned, was included in para. (d).)
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